DHARMI DEVI Vs. MANOHAR LAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India and under Section 24 of the Code of Civil Procedure has been preferred on behalf of the petitioner-wife seeking transfer of the petition i.e. H.M.A. No. 31/17/16 titled as 'Manohar Lal versus Dharmi Devi' from the Court of learned Additional District Judge (II) , Mandi to the Court of learned District Judge, Kullu, H.P.

(2.) Undisputed facts of the case are that the marriage between the parties was solemnized on 28/29.01.2015 in accordance with the Hindu Rites and Customs. After the marriage, petitioner and respondent lived as husband and wife for some time, but thereafter their relations became sour to the extent that now both of them are engaged in litigation. The petitioner has filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which is pending in the Court of learned Chief Judicial Magistrate, Kullu, whereas, the respondent has initiated proceedings for divorce which are pending in the Court of learned Additional District Judge (II) , Mandi and the same now sought to be transferred by the petitioner to the Court of learned District Judge, Kullu, on the ground that the petitioner has very limited source of income and presently she is residing with her parents at Kullu. Thus, she is not in a position to attend the Court at Mandi.

(3.) In Sumita Singh versus Kumar Sanjay and another, (2001) 10 SCC 41, it was held by the Hon'ble Supreme Court that in a case where the wife seeks transfer of the petition, then as against husband's convenience, it is the wife's convenience which must be looked at.